Suit against UA dismissed
Posted on Saturday, August 18, 2007
URL: http://www.nwanews.com/nwat/News/56226/
Judge calls lawsuit over e-mail harassment ‘none of this court’s business’
Fourth Circuit Judge Mark Lindsay Friday dismissed a lawsuit against the University of Arkansas over e-mail harassment of former Razorbacks quarterback Mitch Mustain.
“ Quite frankly, this is none of this court’s business, ” Lindsay said before ruling in Washington County Circuit Court to dismiss the lawsuit of John David Terry of Mount Ida.
Terry was not in court Friday.
A UA alumnus, Terry sued University of Arkansas Chancellor John A. White and B. Alan Sugg, president of the UA System, over their actions surrounding the profane email, sent by a Razorback supporter with close ties to the family of Head Football Coach Houston Nutt. The lawsuit claims White and Sugg failed to properly investigate the matter.
“ I believe that there is good logic in the public policy of not having the courts get involved in this, ” Lindsay said Friday in court. “ If it’s not any of my business, then it’s none of Mr. Terry’s business. ”
He said his order was final.
Terry’s lawyer, Eddie Christian Jr. of Fort Smith, said he plans to appeal Lindsay’s ruling.
“ We believe in our cause of action, ” he said.
“ We respectfully disagree with Judge Lindsay, and that’s what appeals courts are for. We’ll let the Arkansas Supreme Court decide this. ”
White said he was pleased and satisfied with the result.
What is not in dispute is that Teresa Prewett, a football booster, did send a profane e- mail to Mustain in December that referred to him as “ Mr. Interception King” and railed against his talents and attitude. Mustain, who played at Springdale High School and was among the nation’s top recruits, has transferred from the University of Arkansas to the University of Southern California.
Woody Bassett, a lawyer for the university, said that “ no 18-year-old kid should be subjected to that by any fan. ”
“ This lawsuit is about a Razorback fan who has an unfavorable opinion of Coach [Houston ] Nutt, ” he said.
Lindsay dismissed Terry’s originally filed suit on June 4, but gave Christian time to re-file information to back his request for an independent investigation into White’s actions and Terry’s assertion that continuing to pay White’s salary amidst his failure to properly investigate constituted misuse of public funds.
Lindsay said Christian’s subsequent filings have provided nothing more upon which a lawsuit can be sustained.
“ Quite frankly, the court did not find a great deal of difference between the original complaint and the amended complaint as far as facts alleged, ” Lindsay said.
In arguing for the UA’s motion to dismiss, Bassett said, “ I think it’s fair to say that Mr. Terry has as much chance of staying in court as I do of tackling Darren McFadden, ” a reference to the Razorback running back who was a second-place finisher for the Heisman Trophy last season.
“ There’s no reason the decision this time should be any different than the decision last time, ” Bassett told Lindsay.
Bassett talked about some of the additions in the amended suit, including that Mustain’s mother Beck Campbell and Christian had both written letters to the board of trustees requesting some kind of review and an investigation. The defendants claim White handled the matter by referring it to Head Football Coach Houston Nutt.
Lindsay acknowledged the additions in the suit about the letters, and explained the concept of remedy to Christian and Terry.
“ You don’t always get the relief that you ask for, ” he said. “ When it comes to alternative remedies it appears Ms. Campbell exercised her ability to seek a remedy; whether she got what she wanted is not relevant here. ”
Christian argued that NCAA and university policies are established by the board of trustees, which is a state agency set up by Arkansas law, and that the chancellor must make sure those policies are followed, including those concerning harassment of students.
“ I expect the chancellor of the university to uphold principles of truth and justice. I expect him to enforce it and promote it and I don’t think that’s too much to ask, ” Christian said.
Lindsay ruled that the NCAA and university policies are not state law.
“ The law is not what Mr. Christian says it is with regard to NCAA and university policies, ” he said.
In addition to dismissing the case, Lindsay ordered that Terry pay attorneys’ fees for the defendants in the amount of $ 1, 000 — short of the maximum allowed by state law.
White, after court adjourned, said he believes it is “ very significant” that Lindsay awarded the attorneys’ fees “ so frivolous lawsuits like this one don’t continue, ” he said.
He added that he doesn’t understand why Christian and Terry don’t understand what the word “ no ” means.